Sunday, July 28, 2024

Attorney General Bailey files felony charges against contractors in Greene County

Andrew Bailey, Missouri Attorney General | Attorney General Andrew Bailey

By Legal Newsline

Missouri Attorney General Andrew Bailey has filed charges against Reed K. Arnold and Hillary N. Deckard, alleging they defrauded consumers through their business, Queen City Rod & Custom. The charges include eighteen felony counts for stealing, financial exploitation of an elderly person, and deceptive business practices in Greene County.

“As Attorney General, I will enforce the laws as written and defend Missourians from being ripped off,” said Bailey. “My Consumer Protection Unit thoroughly investigates complaints of fraud and takes swift action whenever we find enough evidence to move forward. Our aim is not only to hold bad actors accountable but to deliver full restitution to all affected.”

The allegations state that between September 2021 and January 2024, Arnold and Deckard promised automotive repair and restoration work in exchange for upfront payments but performed minimal or no work while retaining possession of the vehicles for extended periods.

“I encourage Missourians to file a complaint with my office if they think they’ve been scammed,” said Bailey. “Start by calling our Consumer Protection hotline at (800) 392-8222 or by submitting a complaint online at ago.mo.gov.”

Bailey reminded the public that the charges are allegations and that defendants are presumed innocent until proven guilty in court.

Source:
Attorney General Bailey files felony charges against contractors in Greene County

Fayette County Woman Faces 1,600 Charges for Allegedly Exploiting Neighbor with Dementia

By Derrick Wright


In Fayette County, 58-year-old Lisa Costolo faces over 1,600 felony charges for allegedly siphoning more than $600,000 from a neighbor suffering from dementia, as reported by WPXI. Costolo, who was granted power of attorney, is said to have used this position to drain the finances of Norma Scott, a widow with no children, over two years. The discovery of this came to light through a Medicaid application that signaled the depletion of Scott's assets.

Scott transitioned to a full-time resident at Uniontown Health and Rehab in 2018, it wasn't until two years later that the home was informed by Costolo that Scott could no longer cover the costs of care, prompting the Medicaid application which returned laden with red flags, according to CBS Pittsburgh. The subsequent investigation by state police revealed extensive ATM withdrawals and checks that depleted Scott's savings, actions justified by Costolo under the claim that Scott wished for her to take care of herself and her children.

Assistant Fayette County District Attorney Melinda Dellarose put the situation into grave context: "Norma Scott worked her whole life, saved, managed her money so it would be there for her when she needed it most," she stated, as per WPXI. The financial abuse included, but was not limited to, luxurious purchases such as her daughter's wedding dress and various trips, detailed by prosecutors.

The case strikes a particularly somber note as the victim, Norma Scott, passed away in 2021 at the age of 89, never reclaiming the financial security she had presumably entrusted to Costolo.

Costolo was arraigned Thursday and released on bail. She's due back in court for her preliminary hearing on August 14.

Full Article & Source:
Fayette County Woman Faces 1,600 Charges for Allegedly Exploiting Neighbor with Dementia

Saturday, July 27, 2024

15 elderly victims rescued from 'house of horrors,' Clayton County man charged

By Eric Mock

Arrest in Clayton County 'house of horrors'
Earlier this month, Clayton County police arrested a man accused of running an unlicensed care-home in filthy conditions.

Police in Clayton County are investigating an unlicensed care home after it was discovered that a man had been keeping 15 adults in deplorable conditions. 

Gabriel Robinson, 51, was arrested during a welfare check by a social worker at the home located at 336 Sir Richard Court early this month. The Clayton County Police Department arrived, and soon other local and state agencies joined the investigation. 

Robinson faces 15 counts of neglect and exploitation of the elderly. The North Georgia Elder Abuse Task Force advises more victims could be out there, which could lead to more charges.  

"It's early in the investigation, but they're saying that his criminal history and government records are showing this is not the first time he's run this sort of a facility…this case may, may rise even one step further to human trafficking," said former Marietta Police Chief Dan Flynn, who now heads the North Georgia Elder Abuse Task Force. 

Flynn says that Robinson’s charges could be upgraded if evidence supporting them was found. He would also face more legal troubles if he profited from those victims. 

"It's not an exaggeration to call this a house of horrors," said Dan Flynn with the North Georgia Elder Abuse Task Force. 

According to the Clayton County Police Department, 15 at-risk adults were living in horrible conditions, which include bedbug infestation and untreated infections. 

"Some of them had to be taken on an emergency level right to the hospital," Flynn said. 

Jail records indicate Robinson posted bail on Thursday. 

Elder care abuse and neglect: How to protect your loved one 

Flynn says that victims can easily be trapped in a situation like this. He is working to ensure that more families avoid similar situations. 

"Shows us all how easily those things that abuse and exploitation can occur," Flynn said. 

He says, unfortunately, it can be all too easy for the elderly and those at-risk to be put into a home like this. 

"There are many places where hospitals and churches and other places, they keep directories of personal care, homes to which to refer people. And they don't often check to make sure that they're licensed and sanitary or whatnot," Flynn said. 

He suggests when getting a referral for a care home, even from a hospital or church, make sure to do research and make sure the home is licensed. 

To learn more about personal care homes, how to check for licenses, or to file a complaint, visit the Georgia Department of Community Health’s website. 


Full Article & Source:
15 elderly victims rescued from 'house of horrors,' Clayton County man charged

FRANK'S FIGHT American Pickers’ Frank Fritz relies on ‘long-term nursing care’ after stroke as conservator demands access to his funds


by Teresa Roca, Senior Exclusives Reporter & Assistant Entertainment Editor

AMERICAN Pickers star Frank Fritz has been relying on “skilled nursing care” that will be “long-term” two years after he suffered a debilitating stroke. 

Frank, 60, has been under a conservatorship and guardianship since he suffered a stroke at his Le Claire, Iowa home in July 2022, as he has been in and out of the hospital and rehabilitation. 

Frank Fritz, posing in front of his motorcycle collection, needs 'long-term nursing care'
Frank Fritz, posing in front of his motorcycle collection, needs 'long-term nursing care'Credit: Coleman-Rayner
Frank Fritz, who was a fan-favorite on American Pickers, suffered a stroke in July 2022
Frank Fritz, who was a fan-favorite on American Pickers, suffered a stroke in July 2022Credit: American Pickers / History Channel

MidWestOne Bank is Frank’s conservator, as his close friend Chris Davis is his guardian. 

The U.S. Sun can exclusively MidWestOne bank is demanding Frank’s finances be transferred to them, as the star will continue to need “skilled” and “long-term” nursing care. 

Court papers from the conservatorship case obtained by The U.S. Sun reveal Frank has “cash assets and credit accounts” at a separate bank. 

The Conservator’s Initial Plan filed in November 2022 stated the assets would be transferred to MidWestOne, as they could “invest to start generating income” to Frank.

“Since the approval of the plan, the Conservator has repeatedly contacted [the bank] seeking access to the Protected Party’s funds, credit card statements and income tax documents to no avail.”

The bank “repeatedly failed to respond to the Conservator” and “refused to provide access to Mr. Fritz’s assets and documentation, and otherwise ignored the Conservator’s authority, the orders of this court, and the laws of the state of Iowa.”

The court documents continued, “[Frank] continues to rely on long-term skilled nursing care, so it is imperative that his assets are properly managed and wisely invested to support his long-term needs.

“The Protected Party no longer has any need for consumer credit cards and any accounts that remain open are susceptible to fraud, especially since the Conservator is not allowed access to them to review charges.”

MidWestOne Bank requests, “The court should issue an order compelling [the bank] to release all of Frank Fritz’s funds to the Conservator, close all of Frank Fritz’s credit card accounts, provide the Conservator with Frank Fritz’s income tax documents for 2023, and change the mailing address for future income tax documents to the Conservator’s address.”

A hearing took place on July 19. 

The judge on the case ordered the bank to respond to the conservator and provide access to all bank accounts and credit cards held or controlled by Frank

Frank Fritz's Conservatorship

Frank Fritz was placed under a conservatorship in August 2022, just weeks after he suffered a stroke.

  • Frank's conservator is MidWestOne Bank and is in charge of his finances
  • The bank agreed to invest Frank's money and collections to generate income
  • The guardian is his good friend Chris Davis
  • Chris is responsible for helping Frank manage his Crohn's disease treatment, go to physical therapy, grocery shop, cook and more day-to-day tasks
  • The conservatorship also agreed to help replenish Frank's Iowa antique store, Frank Fritz Finds
  • A wheel-chair ramp and more have been installed in his Iowa home under the conservatorship

UNDER CONSERVATORSHIP

The U.S. Sun broke the news that the conservatorship was filed in August 2022. 

“Because of his stroke, Mr. Fritz’s decision­-making capacity is so impaired that he is unable to care for his own safety or to provide for necessities such as food, shelter, clothing, or medical care without which physical injury or illness may occur," documents obtained by The U.S. Sun read.

“Mr. Fritz’s decision­-making capacity is so impaired that he is unable to make, communicate, or carry out important decisions concerning his own financial affairs.”

“Decisions must be made for Mr. Fritz’s care and placement while he continues to recover and receive treatment for his injuries. 

“Appointment of a guardian and conservator is necessary to avoid immediate harm to him.”

The Guardian agreed to help Frank with his Crohn's disease treatment, as well as bring him to physical therapy and help him grocery shop, cook, and more.

As for the conservator, MidWestOne filed an Initial Plan that revealed Frank’s monthly expenses

The amount of $28,292 is spent a month on expenses and the majority of his budget totals $22,832 for “in-home health care.”

His annual healthcare total is $273,984.

Frank, seen on the History channel show American Pickers, has been 'improving daily'
Frank, seen on the History channel show American Pickers, has been 'improving daily'Credit: American Pickers on The History Channel/Facebook

'SAME OLD FRANK'

Frank has been in and out of rehabilitation after he was released from the hospital in September 2022. 

“Frank continues to improve daily. You’re never 100 percent after a stroke, but he’s fine. He’s aware of what’s going on," a friend of Frank’s previously told The U.S. Sun.

"If he were sitting here right now, you could sit and talk to him. He’s the same old Frank.”

Frank was wheelchair-bound after suffering the stroke

“He can walk, but he’s always going to need the wheelchair because he can’t walk long distances,” the pal shared. 

“Basically, you lose motion. He lost motion. A stroke can affect your left or your right side, it affected his right side.”

FINAL EPISODE

Frank last appeared on American Pickers during a March 2020 episode. 

He took time off to recover from back surgery, leaving him with 185 stitches and two rods in his spine. 

During his time off the show, he entered rehab for alcohol addiction in Iowa for 77 days.

Frank had a falling out with his longtime friend and co-star Mike Wolfe, but the two reconciled after his stroke. 

American Pickers now stars Mike, Robbie Wolfe, Jon Szalay, and Danielle Colby

Frank, pictured with his former cast members, last appeared on American Pickers in 2020
Frank, pictured with his former cast members, last appeared on American Pickers in 2020Credit: History Channel

Full Article & Source:
FRANK'S FIGHT American Pickers’ Frank Fritz relies on ‘long-term nursing care’ after stroke as conservator demands access to his funds

See Also:
Judge Rules On ‘American Pickers’ Frank Fritz Conservatorship

AMERICAN PICKERS STAR FRANK FRITZ'S JUDGE MAKES MAJOR RULING IN DEMAND TO SEAL HEALTH & FINANCIAL RECORDS AFTER STROKE

‘American Pickers’ Frank Fritz Conservatorship In Danger

RIGHT PATH American Pickers star Frank Fritz’s conservator files new financial plan as he recovers from debilitating stroke

American Pickers' Frank Fritz Still Under A Conservatorship, But There's Been An Update

PICKING PRIVACY American Pickers star Frank Fritz’s conservator begs judge to seal his financial records and location amid his recovery

CONSERVATOR CHAOS American Pickers star Frank Fritz’s conservator at risk of removal by judge after star suffers debilitating stroke

PAY UP American Pickers alum Frank Fritz’s conservatorship lawyer demands to be paid $2K for his services in tragic case

Frank Fritz, of 'American Pickers,' under guardianship after stroke

FRANK'S FATE American Pickers alum Frank Fritz’s judge makes major ruling in conservatorship case after star suffers from stroke

Friday, July 26, 2024

Burtchville Woman Pleads Guilty to Embezzling More than $86,000


LANSING
– Yesterday, Lisa Marie Tramski, 57, of Burtchville, pled guilty in the 31st Circuit Court in St. Clair County to one count of Embezzlement of $50,000 or more, but less than $100,000, announced Michigan Attorney General Dana Nessel. Tramski embezzled more than $86,000 from an elderly woman after becoming her court-appointed guardian. Tramski will pay $51,600.75 in restitution prior to sentencing as part of the plea. 

Tramski, who was charged with three felony counts in February, was appointed in early 2018 as guardian for the victim, who died only weeks later. About a week before the death, Tramski had the victim sign a will leaving everything to Tramski. Despite knowing there were legal challenges to the will, Tramski proceeded to take $86,033.75 from the victim’s accounts. Ultimately, the probate court invalidated the will benefitting Tramski.  

“The plea secured today marks a significant step toward justice,” Nessel said. “My department will continue to pursue accountability for those who are unable to protect themselves and ensure perpetrators face consequences for their actions.” 

Tramski will be sentenced on Sept. 16th at 9:30 a.m. in front of Judge Daniel A. Damman in 31st Circuit Court in St. Clair County.

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Source:
Burtchville Woman Pleads Guilty to Embezzling More than $86,000

Rochester woman accused of transferring $75K to herself from dying senior’s accounts

By KAALTV


(ABC 6 News) – A Rochester woman appeared in Olmsted County Court Tuesday on two felony charges of financial exploitation.

Tracy Anne Volk, 60, is accused of using her position as Power of Attorney for a dying senior to transfer about $75,000 to accounts she controlled.

According to court documents, three individuals related to the senior made a Vulnerable Adult Maltreatment report after allegedly seeing “suspicious banking transactions” show up in the senior’s account while she stayed in hospice.

The witnesses told police they had seen transfers from accounts with their names and that of the senior into accounts controlled by the senior and Volk — ostensibly to be used for bills after the senior passed away.

However, Volk had refused to pay the senior’s outstanding medical and hospice bills — about $10,000 in total — as of February of 2024, according to court documents.

Rochester police reviewed the senior’s documents and noted that the senior specifically stated “I … do not authorize any of my attorneys in fact to make gifts to themselves.”

However, police found that in June of 2023, someone transferred $55,000, then $20,000 into the account shared by Volk and the senior.

“Volk later used Victim’s death certificate to remove Victim’s name from the account,” court documents read.

Volk is scheduled to appear for an omnibus hearing Oct. 1.

Full Article & Source:
Rochester woman accused of transferring $75K to herself from dying senior’s accounts

Thursday, July 25, 2024

Conservators mess up when they do not understand their role. New Tennessee law fixes that


by Amy Bryant 

Casey, Kaine Introduce Bill to Strengthen Advocacy for Long-Term Care Residents

July 23, 2024

The Strengthening Advocacy for Long-Term Care Residents Act would bolster the Long-Term Care Ombudsman program

Long-Term Care Ombudsmen advocate for long-term care residents and monitor conditions and care within long-term care facilities

Casey has long been one of the Senate’s leading advocates for long-term care residents

Washington, D.C. - Today, U.S. Senators Bob Casey (D-PA), Chairman of the U.S. Senate Special Committee on Aging, and Tim Kaine (D-VA) introduced the Strengthening Advocacy for Long-Term Care Residents Act to improve the Long-Term Care Ombudsman program, which was established under the Older Americans Act. Local Ombudsman programs designate staff and trained volunteers as representatives to advocate for residents of nursing homes and other long-term care (LTC) facilities, providing residents and their families with confidential information and assistance and monitoring conditions and care within a facility. With a growing number of older adults residing in long-term care facilities, Ombudsman program staff and volunteers face challenges to ensuring residents receive the care they deserve and have their rights protected.

“Long-term care ombudsmen are vital to ensuring that residents of nursing homes and other long-term care facilities have advocates who can represent their interests and can push for better care and conditions,” said Senator Casey. “Senator Kaine and I are introducing this bill to strengthen the Ombudsman Program and ensure that it has the resources, leadership, and personnel to continue its critical work safeguarding the Nation’s residents of long-term care facilities.”

“Older Americans deserve to age with dignity, but sadly, we continue to see reports of abuses at nursing homes and other long-term care facilities,” said Senator Kaine. “I’m introducing this legislation to strengthen the Long-Term Care Ombudsman program and help ensure that older Virginians and people with disabilities living in long-term care facilities continue to have trained professionals able to advocate for them, address their complaints, and help ensure they have access to safe, quality care.”

In 2023, nearly 5,400 Ombudsman program staff and volunteers conducted over 340,000 visits to long-term care facilities, assisting over 500,000 residents and their families.

The Strengthening Advocacy for Long-Term Care Residents Act would improve the Long-Term Care Ombudsman program by:

  • Instructing the Administration for Community Living (ACL) to establish categories of duties for volunteers and appropriate training requirements for volunteers based on those categories. Training guidelines should reflect the diversity of volunteer contributions to the Ombudsman program. This will make it easier to recruit and retain more Ombudsman program volunteers and continue to ensure volunteers have the appropriate training they need.
  • Reaffirming Congress’ intent that the Ombudsman program should be led by a full-time National Director. In 2019, reorganization under the Trump Administration resulted in the loss of this position. State and local ombudsmen have reported that the lack of a National Director impedes coordination and distracts from the mission of the program.
  • Requiring the National Academies of Sciences, Engineering and Medicine (NASEM) to study and issue a report with a recommendation for the number of ombudsmen per LTC facility bed. This would give states and ACL better insight into the current needs of the program. In 1995, the Institute of Medicine (now part of NASEM) released a report recommending a staffing ratio of one ombudsman per 2,000 beds for the Ombudsman program. This staffing ratio has not been updated in the nearly 30 years since and current data indicates that caseloads far exceed that threshold.

Senator Casey has long been one of the Senate’s strongest advocates for Americans in long-term care facilities. Earlier this Congress, Senator Casey released a report entitled, Uninspected and Neglected, which demonstrated the critical role Ombudsman program staff play in safeguarding nursing home residents. In addition, Senator Casey introduced the Long-Term Care Workforce Support Act, a landmark piece of legislation that would invest billions of dollars in bolstering the LTC workforce, thus ensuring those providing care are fairly compensated and supported in the workplace. Senator Casey is also leading the reauthorization of the Older Americans Act this year and held a hearing in May 2024 to discuss reauthorization priorities, which include bolstering the Long-Term Care Ombudsman program. The Connecticut State Ombudsman served as a witness at the hearing.

Read more about the Strengthening Advocacy for Long-Term Care Residents Act here.

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Source:
Casey, Kaine Introduce Bill to Strengthen Advocacy for Long-Term Care Residents

Wednesday, July 24, 2024

Nursing home owner who left 800 people in warehouse during Hurricane Ida avoids jail time

Bob Dean Jr gets probation after pleading no contest to counts of cruelty to infirmed people and healthcare fraud

By: Ramon Antonio Vargas


A Louisiana nursing home magnate who left 800 elderly residents to endure a potent hurricane inside a fetid warehouse has avoided prison time after choosing not to dispute the cruelty charges facing him.

Bob Dean Jr on Monday received three years of probation – along with about $2m in penalties, court costs and restitution – after pleading no contest to eight counts of cruelty to infirmed people, five of healthcare fraud and two of obstruction of justice.

An undated image provided by the Tangipahoa parish sheriff’s office of Bob Dean Jr. Photograph: AP

Dean entered his plea at a state courthouse in Amite City, Louisiana, about three years after several deaths during Hurricane Ida in 2021 were linked to the storage facility at the center of the case against him.

Louisiana’s state attorney general, Liz Murrill, said prosecutors had unsuccessfully asked Judge Brian Abels to sentence Dean to least five years imprisoned and not “only probation”. Abels technically handed Dean a 20-year prison sentence but deferred it in its entirety in favor of probation.

“Our prosecutors urged that Mr Dean be held accountable for his actions, which led to the deaths of numerous elderly individuals,” Murrill said in a statement. “I respect our judicial system and that the judge has the ultimate discretion over the appropriate sentence, but I remain of the opinion that Dean should be serving prison time.”

Abels said the 70-year-old Dean’s age, lack of prior criminal convictions and the amount he had to repay all factored into his sentence, according to a report from the CBS affiliate WWL Louisiana.

The outlet added that family members of people who died at the warehouse addressed Abels through tears Monday, saying they never got a chance to say goodbye to loved ones who were left to die at the facility.

Dean sent 843 residents of seven Louisiana nursing homes to a squalid, former pesticide plant in the town of Independence, about 70 miles (110km) north-west of New Orleans, to ride out Ida as the category 4 storm took aim at the region.

With winds of about 150 miles (241km) an hour, Ida caused widespread power outages and other devastation across south-east Louisiana in August 2021. Residents of Dean’s nursing homes were later found sleeping on mattresses atop a wet floor – without access to their medicines, sobbing and lying in their own feces.

Warehouse conditions devolved after the failure of generators meant to provide electricity to the facility. Indoor temperatures soared to dangerous levels, prompting warnings from caretakers that Dean ignored.

The ceiling leaked, toilets overflowed and there was not enough food or water for residents who were packed in so closely it was impossible to comply with social distancing guidelines in effect at the time because of the Covid-19 pandemic.

Officials ultimately linked five of the 26 deaths that occurred in Louisiana because of Ida to the warehouse in question. Ensuing investigations determined Dean had billed the federal Medicaid program for dates his residents were not receiving care, refused to move clients out of the warehouse and “engaged in conduct intended to intimidate or obstruct public health officials and law enforcement”.

Dean later lost his licenses and federal funding to operate his nursing homes. And in June 2022, prosecutors filed the criminal charges to which he later pleaded no contest.

Though Abels said Dean had no history of criminal convictions, the case resolved on Monday was far from Dean’s only recent legal issue.

Notably, he also grappled with several lawsuits from families of those left in the Independence warehouse.

About three months after authorities charged him, attorneys for the plaintiffs announced a $12m settlement with Dean. A February 2023 report from the Louisiana news outlet nola.com reported that the families had not gotten any settlement payments, which average about $10,000 per nursing home at the warehouse after accounting for attorneys’ fees and other costs.

Elsewhere, Georgia authorities charged Dean with criminal conduct after he shot his thumb off there – and Oregon officials scrutinized him after cattle from his ranch in that state needed to be rescued from a snowstorm, nola.com also reported.

Dean’s attorney, J Garrison Jordan, told nola.com that his client’s plea and sentence Monday were “a fair disposition of the case, and everybody has closure”.

Full Article & Source:
Nursing home owner who left 800 people in warehouse during Hurricane Ida avoids jail time